A worker may be dismissed without a notice or without wages in lieu of a notice if he/she is-
(a) convicted of any criminal offence
(b) found guilty of misconduct after following the procedures for punishment.
A worker may be discharged from service for reasons of physical illness or mental incapacity or continued ill-health certified by a registered medical practitioner. If a discharged worker completes not less than one year of continuous service he shall be paid by the employer, as compensation, 30 (thirty) days’ wages for his every year of service, or gratuity, if payable, whichever is higher.
The employer has to conform to section 26 of the Bangladesh Labour Act, 2006 for termination of a worker from service. It provides that the employment of a permanent worker may be terminated by an employer by giving him a notice in writing, of 120 (one hundred and twenty) days, if he receives wages monthly, and 60 (sixty) days, in case of other workers. The employer may terminate the worker without providing any notice after having paid wages for the stipulated months in lieu of notice. In addition to wages, the worker will be entitled to compensation which involves 30 (thirty) days’ wages for his/her every completed year of service or gratuity whichever is higher.
Law for nations has represented a lot of dismissal / discharge / termination cases successfully.